Events

City Council Meeting Text Size

Event takes place on May 15, 2018 at 7:00 PM
Council Chambers 536 Dwight Street, Holyoke MA

AGENDA FOR THE CITY COUNCIL
May 15,2018

LAID ON THE TABLE

1.    Ordered, that That the Mayor, Chief of Staff, Representatives from UFCW1459, VanPool and the Chief Financial Officer of the School Department attend the Development and Government Relations Committee to discuss a resolution filed to deny the current approved contract.

2.    Ordered, that That the School Department provided any and all reports from transportation consultants showing district savings on school department budget.

3.    Ordered, that The City Council of the City of Holyoke implores the Mayor of the City, Alex B. Morse, to deny and not sign the current proposed new three year contract for transportation of special needs students.   The proposed contract process, and costs savings proposed in the opinion of the Council does not fully take into account the human cost of proposed cost saving measures, and the outside costs to the City once over 130+ individuals lose their current job security. Also, it does not take into account the uncertainty of impact on the current special needs students and their families.   As such the Council at this time is unable to support the proposed contract.   

Furthermore be it resolved that the Council as a body reaffirms and clarifies to the public that the Council has no jurisdiction over said contract and or contract decisions. Said contract lies solely with the Mayor (Head of the School Committee) and the Superintendent (State of Massachusetts appointed receiver of the Holyoke Public Schools). 

PUBLIC COMMENT

COMMUNICATIONS

4.    From Mayor Alex B. Morse, letter appointing Mr. Price Armstrong, 27 Park Slope to serve as a member of the Conservation Commission for the City of Holyoke:  Mr. Armstrong will replace Ms. Ellen Bernstein and will finish her term; said term will expire February 1, 2019.

5.    From Mayor Alex B. Morse letter appointing Ms. Kristen Beam, 63 Cherry Hill as a member of the Holyoke Economic Development and Industrial Corporation (HEDIC):  this seat on the Board of Directors represents the at-large sector, Ms. Beam will replace Mr. Kip Foley and will serve a three-year term which will expire on June 30, 2021.

6.    From Mayor Alex B. Morse letter reappointing Ms. Glady Lebron-Martinez as a member of the Holyoke Redevelopment Authority:  Ms. Lebron-Martinez will serve a five-year term; said term will expire on November 1, 2022.

7.    From Paul Payer, City Solicitor re:  Collective Bargaining Agreement with IAFF Local 1693, Holyoke Firefighters.

8.    From Paul Payer, City Solicitor, re:  Collective Bargaining Agreement with UFCW Local 1459, DPW Laborers.

9.    From Irma Cruz Assistant City Clerk, minutes of May 1, 2018.

10.    From Michael P. McManus, Superintendent DPW letter re:  Sewer Shut-off program update.

11.    From Devin Sheehan, Chair Building Committee Holyoke Public Schools, letter re:  Holyoke Middle Schools Project.

12.    From Board of Fire Commission minutes of March 21, 2018.

13.    From Parks & Recreation Commission minutes of March 15, 2018.

14.    From Board of Public Works minutes of March 12, 2018.

15.    From residents of Village Road letter and petition requesting a new street.

16.    Communication re: passage of bill to make purple heart trail official in Southwick, Mass.

PETITIONS

17.    Petition of Gabriel Serrano, for a renewal of a second hand license at 2020 Northampton St.

18.    Petition of Record Town Inc. d/b/a FYE #725, for a renewal of a second hand license at 50 Holyoke St. (Holyoke Mall)

19.    Petition of Gerardo Ramos for a renewal of a home occupation for a wholesale on-line retail business at 275 Sargeant St.

20.    Petition of Canna Provisions, Inc. for a special permit for recreational Marijuana Dispensary at 380R Dwight St.

PRESIDENT’S REPORT

REPORTS OF COMMITTEES

21.    Ordinance Committee Reports (if any)

21A.    The Committee on Ordinance to whom was referred an order  that Section 6.4.7 of zoning be sent back to ordinance to be amended in order to be in conformity with the rest of the sign ordinances under the zoning code  Recommend that the order be adopted as amended

21B.    The Committee on Ordinance to whom was referred an order  that the city creates an ordinances on recreational marijuana regarding the taxation of the products that will be manufactured and or sold.  Recommend that the order be adopted

21C.    The Committee on Ordinance to whom was referred an order that the City of Holyoke accept G.L.c. 64N Sec 3 to impose an excise on the retail sales of marijuana for adult use at the rate of 3%  Recommend that the order be adopted

21D.    The Committee on Ordinance to whom was referred a Handicap parking application for Ana Cruz at 49 No. East St.  Recommend that the order be denied

21E.    The Committee on Ordinance to whom was referred a handicap parking application of Heriberto Morales at 179 Oak St.  Recommend that the order be denied

21F.    The Committee on Ordinance to whom was referred an order that The City Council review the fee schedule in the blighted property ordinance (18-35) for the purpose of ensuring that our fees do not discourage receivers and developers from buying and rehabilitating housing in poor condition.  Specifically, the city should grant receivers and other developers a one-year grace period in which the vacant building registration fee would be waived which would allow the developer time to fix a property so that’s it’s ready for occupancy.  City Council should also be sure that the Building Commissioner and Health Dept. work together and that each department works with developers/receivers as well as protects the public.   Recommend that the order be adopted as amended

21G.    The Committee on Ordinance to whom was referred an order to establish a fee to accompany tort claims to the city law department.  Suggested fee $15.00, successful claims would be granted fee reimbursement. Recommend the order be adopted

22.    Finance Committee Reports (if any)

22A.    The Committee on Finance to whom was referred a Financial Transfer request of $1,000 FROM Asst. Reg of Voters TO: Temporary/Seasonal   Recommend that the order be adopted

22B.    The Committee on Finance to whom was referred an order  that there be and is hereby appropriated by transfer in the fiscal year 2018, Ten Thousand and 00/100 Dollars ($10,000) as follows:
FROM:
Free Cash  $10,000
TOTAL:    $10,000

TO:
12202-52410    R&M – Motor Vehicles        
$10,000
TOTAL:    $10,000 Recommend that the order be adopted

22C.    The Committee on Finance to whom was referred an order Ordered that there be and is hereby appropriated by transfer in the fiscal year 2018, Nineteen thousand six hundred and 00/100 Dollars ($19,600) as follows:
FROM:
12101-51109    PAY-Reserve Officer        
$19,600
TOTAL:    $19,600

TO:
12102-53190    Education and Training        
$12,600
12102-55860    Personnel Equipment      
$ 7,000
TOTAL:    $19,600 Recommend that the order be adopted

22D.    The Committee on Finance to whom was referred an order Ordered that there be and is hereby appropriated by transfer in the fiscal year 2018, Seventy-five thousand and 00/100 Dollars ($75,000) as follows:
FROM:
Free Cash        
$75,000
TOTAL:    $75,000
TO:
11512-53010    Special Counsel        
$75,000
TOTAL:    $75,000 Recommend that the order be adopted

22E.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “AMERICAN LEGION PATRIOTIC EVENTS” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.  Recommend that the order be adopted

22F.    The Committee on Finance to whom was referred an order that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “PEDESTRIAN AND BICYCLE SAFETY ENFORCEMENT” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.  Recommend that the order be adopted

22G.    The Committee on Finance to whom was referred an order that the amount of One thousand six hundred sixty-five and 00/100 Dollars ($1,665.00) be authorized from the DPW Department’s Professional Services (14222-53010), Ninety-five and 00/100 Dollars ($95) be authorized from the Professional Services (14222-53010) appropriation in fiscal year 2018 for services rendered in fiscal year 2017 which were unencumbered at the 2017 fiscal year end.  Recommend that the order be adopted

22H.    The Committee on Finance to whom was referred an order that the amount of Two thousand two hundred twenty-one and 65/100 Dollars ($2221.65) be authorized from the DPW Department’s Professional Services (14222-53010), Seventy-eight and 00/100 Dollars ($78) be authorized from the Professional Services (14222-53010), Ninety-five and 00/100 Dollars ($) be authorized from the Professional Services (14222-53010) appropriation in fiscal year 2018 for services rendered in fiscal year 2017 which were unencumbered at the 2017 fiscal year end.  Recommend that the order be adopted

22I.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Thirty-three thousand and 00/100 Dollars ($33,000) as follows:
FROM:
12101-51109    PAY-Reserve Officer        
$20,000
12101-51323

Snow Tow        
$13,000
TOTAL:    $33,000

TO:
12102-52410    Motor Vehicle Repairs        
$20,000
12102-54830    Motor Vehicle Supplies        
$13,000
TOTAL:    $33,000 Recommend that the order be adopted

22J.    The Committee on Finance to whom was referred an order that City official apprise the City Council on the status of the repairs (including the collection mechanism) at the two parking garages (Mayor Proulx, Mayor Taupier) as well as provide contract information on the new parking vendor.  Awaiting disposition

22K.    The Committee on Finance to whom was referred an order   that the city of Holyoke study and address the possibility of shifting its employees and retirees into the Commonwealth’s Group Insurance Commission (GIC) health insurance.  Awaiting disposition

22L.    The Committee on Finance to whom was referred an order That Holyoke Media Inc. appear before the City Council to explain the use of cable fees and provide the City Council with legal documentation that authorizes the creation of Holyoke Media Inc and a copy of the organizational corporate papers.  That Holyoke Media also provides a financial report and audit of the finances.  Cable subscribers in Holyoke are paying $5.00 per month in comparison to 50 cents per month paid by subscribers in other towns.  Many cable customers are questioning the use of their cable fees which now totals approximately one million dollars.  Awaiting disposition

22M.    The Committee on Finance to whom was referred an order That the Assessors come in and explain their assessment processes, how they determine values and growth of residential, commercial and personal property.   Awaiting disposition

22N.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Four thousand and 00/100 Dollars ($4,000) as follows:
FROM:
12401-51105      Pay- Plumbing Inspector                       
$4,000
TOTAL:$4,000

TO:
12402-53040      Inspections-Plumbing               
$4,000
TOTAL:$4,000 – Awaiting disposition

22O.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Seventy-nine thousand and 00/100 Dollars ($79,000) as follows:
FROM:
Free Cash                    
$79,000
TOTAL:$79,000

TO:
11552-53100      Software License                      
$44,000
11552-53180      System Hardware                     
$35,000
TOTAL:$79,000 Awaiting disposition

22P.    The Committee on Finance to whom was referred an order that there be and is hereby appropriated by transfer in the fiscal year 2018, Twenty thousand and 00/100 Dollars ($20,000) as follows:
FROM:
12941-51104      Tree Climber                
$20,000
 TOTAL:$20,000

TO:
12942-53010      Contract Services                     
$20,000
TOTAL:$20,000 – Awaiting disposition

23.    Public Safety Committee Reports (if any)

24.    Public Service Committee Reports (if any)

25.    Development and Governmental Relations Committee Reports (if any)

26.    Charter and Rules Committee Reports (if any)

27.    Joint City Council and School Committee Reports (if any)

MOTIONS, ORDERS AND RESOLUTIONS

28.    BRESNAHAN    —    That the city of Holyoke create an ordinance to permit and regulate Air B and B within Holyoke

29.    BRESNAHAN    —    that the Ordinance committee call in Fire Dept., Health Dept. and any other depts. deemed appropriate in an effort to create an Ordinance that permits, and regulates Air B+B’s in the City of Holyoke.

30.    LEAHY    —    that the treasurer provide all the bank statements. 
30a.  MCGEE — regarding the debit card, this was requested and it is now past the 10 day request period.

31.    LISI    —    the City Council adopt a Resolution to Support local Control over Municipal Clean Energy Standards and Portfolios (see attached)

32.    LISI    —    the Holyoke Police Department provide the accident records for the past 5 years for the corner of Hampden and Northampton St.s and that they be evaluated with the City Engineer to see if traffic changes are needed in the area

33.    MCGEE    —    that the forestry Dept and DPW remove the tree at 21 Dartmouth, it is unsafe.

34.    MCGEE    —    that permanent speed bumps be installed on Bemis Road, attached is the petition by residents requesting the speed bumps.

35.    MCGEE    —    the DG&R committee invite in our state delegation/leaders to address concerns and offer up options on changing the city’s formula for State funds to assure a quality education for our students.  In doing so, we would need to look closely at Chapter 70 funding as well as charter reimbursement. Clearly, our district is in need of additional resources. The current path is not sustainable.

36.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Seven thousand three hundred sixty-seven and 48/100 Dollars ($7,367.48) as follows:

FROM:
12101-51107    Patrolmen        $7,367.48
        TOTAL:    $7,367.48
TO:
12101-51108    Injured on Duty        $7,367.48
        TOTAL:    $7,367.48

37.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, SIx thousand twenty-two and 06/100 Dollars ($6,022.06) as follows:

FROM:
12201-51105    Firefighters        $6,022.06
        TOTAL:    $6,022.06
TO:
12201-51180    Injured on Duty        $6,022.06
        TOTAL:    $6,022.06

38.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Six thousand twenty-two and 06/100 Dollars ($6,022.06) as follows:

FROM:
12201-51105    Fiefighters        $6,022.06
        TOTAL:    $6,022.06
TO:
12201-51180    Injured on Duty        $6,022.06
 –           
        TOTAL:    $6,022.06

39.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Eleven thousand and 00/100 Dollars ($11,000.00) as follows:

FROM:
12201-51770    Non-Contrib Pensions        $11,000
        TOTAL:    $11,000.00
TO:
12201-51101    Pay-Fire Chief        $11,000
        TOTAL:    $11,000.00

40.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Nine thousand one hundred ninety and 16/100 Dollars ($9,190.16) as follows:

FROM:
12101-51107    Patrolmen        $6,682.16
12101-51109    Reserves        2,608.00
        TOTAL:    $9,190.16
TO:
12101-51180    Inj on Duty        $6,682.16
12101-51440    Sick Bonus        2,608.00
        TOTAL:    $9,190.16

41.    MCGIVERIN    —    that in accordance with M.G.L. Chapter 44 Sec. 53A, the City Council hereby accepts the provisions of the “2017 MassWorks Infrastructure” grant and authorizes the establishment of a Fund or other method appropriate for the accounting of the receipts and expenditures of all resources associated with the administration of said grant.

42.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Fifteen thousand five hundred one and 00/100 Dollars ($15,501.00) as follows:

FROM:
14261-51104    Pay-Foreman ME Repair        $15,501.00
        TOTAL:    $15,501.00
TO:
14221-51103    Building Maintenace Man        $400.00
14221-51104    Laborer        385.00
14251-51104    HMEO        5,925.00
14251-51105    Power Shovel Operator        1,335.00
14261-51102    Repairman        1,766.00
14261-51103    Maintenance Man        540.00
14301-51102    HMEO        3,820.00
14301-51104    MEO-Recycling        1,330.00
        TOTAL:    $15,501.00

43.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Five thousand three hundred and 00/100 Dollars ($5,300.00) as follows:

FROM:
14261-51104    Pay – Foreman ME Repair        $5,300.00
        TOTAL:    $5,300.00
TO:
14221-51400    Longevity        $635.00
14251-    Longevity        1,960.00
14261-    Longevity        485.00
14301-    Longevity        1,070.00
14801-    Longevity        200.00
16501-    Longevity        950.00
        TOTAL:    $5,300.00

44.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, Three thoiusand six hundred fifty-nine and 00/100 Dollars ($3,659.00) as follows:

FROM:
14261-51104    Pay-Foreman ME Repair        $3,659.00
        TOTAL:    $3,659.00
TO:
14801-51101    Parking Officer        $425.00
16501-51106    HMEO        764.00
16501-51109    Parks Maintenance Man        2,045.00
16501-51110    Parks Maintenance Craftsman        425.00
        TOTAL:    $3,659.00

45.    MCGIVERIN    —    that there be and is hereby appropriated by transfer in the fiscal year 2018, One hundred fifty-five thousand five hundred seventy-one and 90/100 Dollars ($155,571.90) as follows:

FROM:
8810-10400    Stabilization Fund — Cash        $155,971.90
        TOTAL:    $155,571.90
TO:
12201-51101    Pay-Chief        $2,408.59
12201-51102    Pay-Dep. Chiefs        11,115.47
12201-51103    Pay-Capts.        14,416.57
12201-51104    Pay-Lieuts.        31,467.63
12201-51105    Pay-Firefighters        87,851.85
12201-51110    Pay-Alarms        8,311.79
        TOTAL:    $155,571.90

46.    VALENTIN    —    the Treasurer’s office come into Council Chambers
    TALLMAN        to offer a detailed update regarding properties that
            were sold during the last two City auctions.

47.    VALENTIN    —    the City Council hereby: (1) Declares that the land at 416 Appleton Street (Board of Assessors’ parcel 061-02-014) has not been used for a park or open space and is not needed for such purposes. (2) Petitions the General Court of the Commonwealth for a Special Act to remove 416 Appleton Street from the Provisions of Article 97 of the Massachusetts Constitution. (3) Proposes to substitute or swap the Article 97 designation on 416 Appleton Street, replacing it with a designation on land associated with Holyoke’s Center City Pedestrian Plaza as part of the petition to the General Court of the Commonwealth, and in compliance with state regulations enacted by the Massachusetts Executive Office of Energy and Environmental Affairs. (4) Designates 30 John Street (parcel 013-04-006); and the northernmost portion of 505 Dwight Street (parcel 013-04-003) which is approximately 4,625 square feet of vacant land, for open space and recreational purposes

48.    BARTLEY    —    Order that the DPW Superintendent and City Engineer look at making the top of Hitchcock St (where it merges with Westfield Rd.) safer.  This would include possibly limiting parking on the south side of Hitchcock St. and eliminating or moving the PVTA bus stop as well as trimming or ordering the removal the hedges at 97 Hitchcock St to allow for better visibility.

49.    BARTLEY    —    Order that a border/boundary sign be placed on the city line between West Springfield and Holyoke on Bobala and Interstate Drives.  Order that the DPW contact the Town of W. Springfield as perhaps it would like to share in the cost.

50.    BARTLEY    —    The City Council create a Home Rule Petition that
    BRESNAHAN        limits the Executive branch/Mayor to asking only one
            government body (such as City Council or Holyoke Redevelopment
            or HEDIC or Holyoke Housing Authority) to purchase,
            declare surplus or take via eminent domain any real
            property.  The home rule petition would mandate the
            Mayor/Executive branch gets only one bite at the apple:
            once a vote is made then that shall remain in effect
            for two years. The purpose is to effectuate the governing
            body’s vote and the intent of the City Charter, City
            ordinance and MA general laws, that the City Council
            maintain a decision-making role in all matters concerning
            real property affecting the City of Holyoke.  This
            order comes because of a recent $30,000 purchase of
            515-519 Dwight St. (directly across the street from
            City Hall) by the Holyoke Housing Authority (HHA)
            recorded 11/30/17 (See attached property deed).  Earlier
            that year, the City Council, at a vote of committee
            on June 5, 2017, and a vote of the full Council on
            June 6, 2017, by an 8-3 margin, denied taking 515-19
            Dwight St. via eminent domain.  However, the Mayor
            and director of OPED persuaded the HHA to procure
            the site for $30,000 from the property owner via a
            straight purchase and sale agreement.  The deed to
            HHA from the site owner was recorded 11/30/17 at Book
            21967, Page 228, in the Hampden County Registry of
            Deeds.  Thereafter, the City of Holyoke, via CDBG
            funds, not approved by Holyoke City Council but given
            approval by HUD, reimbursed HHA via a check dated
            1/29/18.  Lastly, I note for the City Council record
            that the HHA has four members appointed by the Mayor
            and one by the Governor. 
   

51.    BARTLEY    —    The City Council give a proclamation to Mark Todd,
    LEAHY        Holyoke Public School (HPS) teacher, to recognize
            his recent statewide award from the Ernie Boch, Jr.,
            foundation and to express our gratitude for his and
            his students’ contributions to Holyoke’s rich musical
            legacy.  We further request that Mr. Todd bring the
            HPS Madrigal Choir with him to a future city council
            meeting.

52.    BARTLEY    —    HG&E install a street lamp on Eastern Promenade at pole #1.

53.    BARTLEY    —     City council consider suspending city council rules
    MCGEE        to reschedule the first meeting in September due to
            the MA state primary and also the city council suspend
            its rules and reschedule or cancel the September 18
            meeting to allow members time to participate in the
            7th Annual Salute to Holyoke Parade at The Big E.
   

54.    BARTLEY    —    that the Honorable City Council, in accordance with the Massachusetts General Laws and the City of Holyoke Code of Ordinances, vote to approve the Order of Taking for certain takings in fee, permanent easements and temporary easements and thus acquire by right of eminent domain, in consideration for just compensation unless previously waived, parcels identified as Parcel No. 1, Parcel No. 2; and as PE-7B, PE-8; and as TE-2, TE-12, TE-20, and TE-21, on said plan titled “Massachusetts Department of Transportation Highway Division Transportation Plan and Profile of Dwight Street, Heritage Street, and Front Street in the City of Holyoke, Hampden County”, Project No. 607256, for the public purpose of the completion of the Roadway Improvement Project at Dwight, Heritage and Front Streets. The nature of this taking requires a public hearing before the City Council pursuant to Section 78-83 of the City of Holyoke Code of Ordinances.

Addendum:
The listing of matters are those reasonably anticipated by the chair which may be discussed at the meeting. 
Not all items listed may in fact be discussed and other items not listed may also be brought up for discussion to the extent permitted by law


Posted on May 11, 2018 by